Accountability in Syria: What are the Options?

Abstract

This chapter explores options to render justice in the Syrian context, drawing on the experiences of the International Criminal Tribunal for the former Yugoslavia, the State Court in Bosnia and Herzegovina and other judicial mechanisms established to render justice for mass violence in the past 25 years. For over six years, war has been raging in Syria, resulting in close to half a million deaths and millions suffering displacement and deprivation. With little hope for a quick cessation of hostilities, violations and crimes against the civilian population continue. Based on content analysis, it discusses the costly, slow and even disrupting impact of short term international and domestic war crimes prosecutions for post- conflict reconciliation. Given the limited space for alternative transitional justice mechanisms amid violent conflict, one can wonder whether war crimes trials are still a viable solution for Syria? Against the backdrop of Syria’s continuous turmoil, the chapter argues that the International Criminal Court, even if it had jurisdiction, would be an inadequate solution. Instead, it recommends that a specialized court for Syria, despite a number of challenges, would be a viable solution in the future.